October 2003 - arrl-odv - reflector.arrl.org

[ARRL-ODV:9649] Re: BPL Proponent's Secrecy Attempts
by W3KD＠aol.com 28 Oct '03

28 Oct '03

In a message dated 10/27/2003 6:41:11 PM Eastern Standard Time, k8je(a)earthlink.net writes: > > But, wouldn’t it be hard for Ambient to claim confidentiality when, as I > understand, the experimental operation is being performed by a group that > extends beyond Ambient? > > > > > It would if they were working together on the same experimental license using the same system design. Chris

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[ARRL-ODV:9648] Re: BPL Proponent's Secrecy Attempts
by Jim 27 Oct '03

27 Oct '03

But, wouldn't it be hard for Ambient to claim confidentiality when, as I understand, the experimental operation is being performed by a group that extends beyond Ambient? AMATEUR RADIO: The only fail-safe communications system in the world. ARRL: The reason Amateur Radio is! Jim Weaver, K8JE, Director, Great Lakes Division ARRL 5065 Bethany Rd., Mason, OH 45040-9660, Tel. 513-459-0142, E-mail <mailto:k8je@arrl.org> k8je(a)arrl.org

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[ARRL-ODV:9647] Re: BPL Proponent's Secrecy Attempts
by W3KD＠aol.com 27 Oct '03

27 Oct '03

In a message dated 10/27/2003 1:03:20 PM Eastern Standard Time, dick(a)pobox.com writes: > > I'm not familiar with the law in this area, but it's my understanding > that the purpose of a STA is to see if a given communications technology > is truly viable in the field with all parties (pro and con) in possession > of all the facts. In my opinion, Ambient's letter is nothing more than > an attempt to pervert the purpose of their STA. As such, perhaps the STA > should be revoked? > Well, Dick, you have enunciated the purposes of an experimental license. The purpose of an STA is to do short term operation that isn't possible under normal rules; STAs are not really the same as experimental licenses, which are good for up to five years. Companies do request confidentiality from time to time; normally only until their proprietary interests are addressed through patents, trademarks, or copyrights. There ARE instances where a new technology is kept confidential, but FCC has a predisposition against granting such. Most of the time, such grants are made where there is a military contract being fulfilled, or similar. Chris

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[ARRL-ODV:9646] Re: BPL Proponent's Secrecy Attempts
by W3KD＠aol.com 27 Oct '03

27 Oct '03

I agree with Dick. They shouldn't have a claim of confidentiality for STA operation of a system that is subject to an NOI if they have intellectual property protection. We ought to object to this just to keep the pressure on. After the FCC denied our FOIA on BPL and refused to allow us to review the FCC's own tests of BPL test sites, this would be a good comeback. Chris

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[ARRL-ODV:9645] BPL Proponent's Secrecy Attempts
by dick＠pobox.com 27 Oct '03

27 Oct '03

27 OCT, 2003 - 1145 CST The letter below from Ambient Corporation to the FCC is a plea for secrecy by Ambient Corporation. In view of the fact that they have patents either pending or granted for their "proprietary" technology, I think their plea rings hollow. It's nothing more than an attempt to deny information to those who oppose BPL on technical grounds. I'm not familiar with the law in this area, but it's my understanding that the purpose of a STA is to see if a given communications technology is truly viable in the field with all parties (pro and con) in possession of all the facts. In my opinion, Ambient's letter is nothing more than an attempt to pervert the purpose of their STA. As such, perhaps the STA should be revoked? 73 - Dick, W9GIG ======================================================================= Delivered-To: dick(a)pobox.com Received: from imo-d06.mx.aol.com (imo-d06.mx.aol.com[205.188.157.38]) by orb.pobox.com (Postfix) with ESMTP id B7A7877A5C for <dick(a)pobox.com>; Sat, 25 Oct 2003 16:02:33 -0400 (EDT) Received: from Ah6ez(a)aol.com by imo-d06.mx.aol.com (mail_out_v36_r1.1.) id w.114.2a8ad1bb (4184) for <dick(a)pobox.com>; Sat, 25 Oct 2003 16:02:26 -0400 (EDT) From: <SNIP> Message-ID: <114.2a8ad1bb.2ccc30d2(a)aol.com> Date: Sat, 25 Oct 2003 16:02:26 EDT Subject: BPL article of interest To: dick(a)pobox.com Here is the text of a letter from Ambient Corporation's, Legal Counsel to the FCC. Of SPECIAL interest are the paragraphs numbered 8 and 9 respectively: ---------------------------------------- HOLLAND & KNIGHT LLP 2099 Pennsylvania Avenue, N.W. Suite 100 Washington, D.C. 20006-6801 202-955-3000 202-955-5564 FAX www.hklaw.com July 8, 2003 GEORGE WHEELER 202-457-7073 gwheeler(a)hklaw.com Re: Submission of Progress Report and Request for Confidential Treatment Regarding Special Temporary Authorization, Call Sign WB9QXT, File No. 0435-EX-ST 2002 Gentlemen: In accordance with the terms of the Special Temporary Authorization, File 0435-EX-2002, Ambient Corporation (Ambient) is filing the attached six-month progress report (Report) on its progress in evaluating the feasibility of broadband access via carrier current systems over power lines. Because the Report contains proprietary and confidential technical information about Ambient's technology, which would customarily be guarded from competitors, Ambient requests that the Report be treated as confidential and withheld from public inspection in accordance with Section 0.457(d) (trade secrets) of the Commission's Rules. (This Report contains information similar to earlier submissions accorded confidential treatment.) Pursuant to Section 0.459(b) of the Commission's Rules, Ambient provides the following information in support of its request for confidential treatment: (1) Ambient's requests confidential treatment of the Progress Report and attachments thereto. The Report is marked as "Proprietary and Confidential;" (2) This Report is being submitted as required under Special Temporary Authorization, File No. 0435-EX-ST 2002; (3) This Report contains highly confidential and proprietary information about Ambient's unique experimental network, including information about system architecture, equipment and performance; (4) Although power line communications systems are still in the experimental stage in the U.S., there are a number of competitors all trying to be first to market in developing and deploying viable telecommunications systems; (5) Disclosure of such information to competitors could compromise Ambient's efforts to develop this technology, in that other PLC companies could better compete with Ambient if they had information concerning Ambient's proposed network architecture and technology. This would cause Ambient substantial competitive harm; (6) Ambient has marked the Report as "Proprietary and Confidential." In addition, Ambient has been careful in protecting proprietary aspects of its system, including the use of confidentiality agreements with technical consultants; (7) Technical information contained in the Report has neither been disclosed to the public, nor disclosed to third-parties (not including counsel or consultants bound by confidentiality agreements or otherwise); (8) Ambient requests that this information be withheld from public disclosure until such time as Ambient discloses such materials publicly as part of its anticipated commercial rollout. Disclosure during the term of the STA or any experimental license would compromise Ambient's position vis-á-vis competitors; and (9) Confidential treatment of this Report will allow Ambient to fully disclose its progress under the STA to the FCC. Because power line communications systems are still in development, it will serve the public interest if the FCC is fully informed of the progress of innovators like Ambient. Refusal to treat such documents as confidential, would result in less detailed reporting and defeat one of the objectives of the STA. If there are any questions regarding the submission and the request for confidentiality, please contact Jonathan Epstein, Esq. at (202) 828-1870. For technical questions concerning the Report itself, contact Dr. Yehuda Cern, Ambient's Chief Engineer, at (617) 332-7680. Sincerely, /s/ George Y. Wheeler George Y. Wheeler Jonathan Epstein Holland & Knight LLP Counsel for Ambient Corporation (1 This includes previous narrative statements submitted in support of STA applications and Ambient's previous progress report.) ---------------------------------------- So, the way I interpret Paragraph 8: We, the persons most likely to be harmed by their new profit making endeavor, will not be able to see the results of their testing (including reports of interference observed) until they have their "COMMERCIAL ROLLOUT". This is being done to protect their COMPETITIVE ADVANTAGE. Paragraph 9 reads to me as: If you make us tell, we will hold back on the information. Smells like three-day-old Fish to me! I think we need to let the FCC know, in no uncertain terms, that information on inference to Licensed Radio Services SHOULD NOT be held as Confidential by ANY applicant for BPL services. <Signature SNIPPED> =======================================================================

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[ARRL-ODV:9644] Articles from Manassas for your reading pleasure
by Sumner, Dave, K1ZZ 27 Oct '03

27 Oct '03

http://www.potomacnews.com/servlet/Satellite?pagename=WPN%2FMGArticle%2FWPN… http://www.potomacnews.com/servlet/Satellite?pagename=WPN%2FMGArticle%2FWPN… Dave K1ZZ

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[ARRL-ODV:9643] Re: Letter to Manassas
by Sumner, Dave, K1ZZ 24 Oct '03

24 Oct '03

They can roll out a full system under existing Part 15 rules as long as they meet existing emissions limitations and resolve any instances of harmful interference. Dave -----Original Message----- From: Frenaye, Tom (Dir, NE) Sent: Friday, October 24, 2003 8:53 AM To: arrl-odv Subject: [ARRL-ODV:9642] Re: Letter to Manassas At 10:10 AM 10/22/2003, K1ZZ wrote: >After clearing it with Chris I have just sent the attached letter by FAX to the Mayor of Manassas. So, can they roll out a full system under the present Part 15 rules? (interference issues aside) I thought there were still limits on Part 15 antennas and duty cycle. -- Tom ===== e-mail: k1ki(a)arrl.org ARRL New England Division Director http://www.arrl.org/ Tom Frenaye, K1KI, P O Box J, West Suffield CT 06093 Phone: 860-668-5444

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[ARRL-ODV:9642] Re: Letter to Manassas
by Tom Frenaye 24 Oct '03

24 Oct '03

At 10:10 AM 10/22/2003, K1ZZ wrote: >After clearing it with Chris I have just sent the attached letter by FAX to the Mayor of Manassas. So, can they roll out a full system under the present Part 15 rules? (interference issues aside) I thought there were still limits on Part 15 antennas and duty cycle. -- Tom ===== e-mail: k1ki(a)arrl.org ARRL New England Division Director http://www.arrl.org/ Tom Frenaye, K1KI, P O Box J, West Suffield CT 06093 Phone: 860-668-5444

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[ARRL-ODV:9641] Contributions to ITU-R WP 1A on amateur/BPL compatibility
by Sumner, Dave, K1ZZ 23 Oct '03

23 Oct '03

In ARRL-ODV:9590 on October 9 I mentioned that we were working on getting the U.S. to submit a paper to ITU-R Working Party 1A documenting the low signal levels and sensitive receivers used by the amateur service along with the fact that amateurs don't have the flexibility to locate their antennas away from power lines. Paul Rinaldo and his staff managed to get the paper navigated through the submission process and it is now an ITU document (attached). A second submission to WP 1A on the subject (also principally drafted by Paul and his staff, although Ken Pulfer, VE3PU, is listed as the author) has been made by the IARU and is also attached. (It has been numbered Document 1A/10 but is not yet available on the ITU Web site.) This document also will be considered at the WP 1A meeting in Geneva October 30 - November 5. Walt Ireland is on the US delegation; Ken Pulfer will represent the IARU. The objective is to establish in ITU documentation that the BPL emission levels required for compatibility are very low and thereby to put BPL proponents on the defensive. ITU-R is strongly biased in favor of over-the-air services and against unnecessary and unwanted emissions, so WP 1A should be a friendly forum for us on this issue. 73, Dave K1ZZ <<R03-WP1A-C-0011!!MSW-E.doc>> <<1AIARU1.doc>>

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[ARRL-ODV:9640] Re: Letter to Manassas
by Jim 23 Oct '03

23 Oct '03

Right on, Dave! AMATEUR RADIO: The only fail-safe communications system in the world. ARRL: The reason Amateur Radio is! Jim Weaver, K8JE, Director, Great Lakes Division ARRL 5065 Bethany Rd., Mason, OH 45040-9660, Tel. 513-459-0142, E-mail <mailto:k8je@arrl.org> k8je(a)arrl.org

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